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B-164581, DEC. 27, 1968

B-164581 Dec 27, 1968
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SECRETARY: REFERENCE IS MADE TO REPORT DATED JULY 26. THERE IS ENCLOSED HEREWITH A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. 10 U.S.C. 2304 (G) REQUIRES THE CONDUCT OF WRITTEN OR ORAL DISCUSSIONS WITH ALL OFFERORS WITHIN A COMPETITION RANGE IN THE EVENT AWARD IS NOT MADE ON THE BASIS OF THE PROPOSALS FIRST SUBMITTED. THE RECORD BEFORE US INDICATES THAT THE DISCUSSIONS WITH NATIONAL RADIO COMPANY MAY WELL HAVE BEEN INSUFFICIENT TO PUT NATIONAL ON NOTICE THAT IT WAS BEING ASKED FOR A "BEST AND FINAL" OFFER. NATIONAL APPEARS TO HAVE BEEN ASKED MERELY TO "RECONFIRM" ITS PREVIOUS PRICE. WE BELIEVE IT SHOULD HAVE BEEN ADVISED THAT DISCUSSIONS WERE BEING CONDUCTED WITH ALL OFFERORS WITHIN A COMPETITIVE RANGE AND THAT ANY REVISIONS TO ITS PROPOSAL MUST BE RECEIVED BY THE DATE SPECIFIED.

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B-164581, DEC. 27, 1968

TO MR. SECRETARY:

REFERENCE IS MADE TO REPORT DATED JULY 26, 1968, WITH ENCLOSURES, FILE REFERENCE SER 111-00C, FROM THE DIRECTOR OF CONTRACTS, NAVAL ELECTRONIC SYSTEMS COMMAND, CONCERNING THE PROTEST OF NATIONAL RADIO COMPANY, INCORPORATED, AGAINST THE AWARD OF CONTRACT N00039-68-C-2563 UNDER REQUEST FOR PROPOSALS RFP N00039-68-R-2011/S) TO ITT AVIONICS DIVISION.

THERE IS ENCLOSED HEREWITH A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. WE WISH TO CALL YOUR ATTENTION TO WHAT WE CONSIDER TO BE A DEFICIENCY IN THE PROCUREMENT PROCEDURES FOLLOWED. AS YOU KNOW, 10 U.S.C. 2304 (G) REQUIRES THE CONDUCT OF WRITTEN OR ORAL DISCUSSIONS WITH ALL OFFERORS WITHIN A COMPETITION RANGE IN THE EVENT AWARD IS NOT MADE ON THE BASIS OF THE PROPOSALS FIRST SUBMITTED. THE RECORD BEFORE US INDICATES THAT THE DISCUSSIONS WITH NATIONAL RADIO COMPANY MAY WELL HAVE BEEN INSUFFICIENT TO PUT NATIONAL ON NOTICE THAT IT WAS BEING ASKED FOR A "BEST AND FINAL" OFFER. NATIONAL APPEARS TO HAVE BEEN ASKED MERELY TO "RECONFIRM" ITS PREVIOUS PRICE. WE BELIEVE IT SHOULD HAVE BEEN ADVISED THAT DISCUSSIONS WERE BEING CONDUCTED WITH ALL OFFERORS WITHIN A COMPETITIVE RANGE AND THAT ANY REVISIONS TO ITS PROPOSAL MUST BE RECEIVED BY THE DATE SPECIFIED. WE WOULD APPRECIATE AN EXPRESSION OF YOUR VIEWS ON THIS POINT.

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